Legal Question in Appeals and Writs in California

death benfits

me and my spouse were together from 1977-1993 ihave 3of his children since his passing Ive nerver married no i nerve marry him either so should i get death befits as well we were comlaw marriage ?////?


Asked on 10/31/08, 8:37 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: death benfits

Too bad you never married him. Your kids may be eligible for Social Security survivors' benefits, check with your local Social Security office.

Depending on how he died, your kids might also be eligible for workers' compensation death benefits, or if he died as a result of another's fault they could sue for his wrongful death.

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Answered on 10/31/08, 8:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: death benfits

This question was posted under the wrong category. I suggest re-posting it under "Insurance Law" and/or "Family Law" so that lawyers with the appropriate expertise will see it.

For what it's worth, I believe it is not possible to form a common-law marriage in California. However, I believe the state must recognize common-law marriages that were formed in other states.

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Answered on 11/02/08, 7:56 pm


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